Rule 50.1 When this Part appliesI1

England and Wales

(1)

This Part applies to extradition under Part 1 or Part 2 of the Extradition Act 2003^f1.

(2)

Section 2 of this Part applies to proceedings in a magistrates’ court, and in that Section—

(a)

rules 50.3 to 50.7, 50.15 and 50.16 apply to extradition under Part 1 of the Act; and

(b)

rules 50.3, 50.4 and 50.8 to 50.16 apply to extradition under Part 2 of the Act.

(3)

Section 3 of this Part applies where—

(a)

a party wants to appeal to the High Court against an order by the magistrates’ court or by the Secretary of State; and

(b)

a party to an appeal to the High Court wants to appeal further to the Supreme Court under—

(i)

section 32 of the Act (appeal under Part 1 of the Act), or

(ii)

section 114 of the Act (appeal under Part 2 of the Act).

(4)

Section 4 of this Part applies to proceedings in a magistrates’ court under—

(a)

sections 54 and 55 of the Act (Request for consent to other offence being dealt with; Questions for decision at consent hearing); and

(b)

sections 56 and 57 of the Act (Request for consent to further extradition to category 1 territory; Questions for decision at consent hearing).

(5)

In this Part, and for the purposes of this Part in other rules—

(a)

‘magistrates’ court’ means a District Judge (Magistrates’ Courts) exercising the powers to which Section 2 of this Part applies;

(b)

‘presenting officer’ means an officer of the National Crime Agency, a police officer, a prosecutor or other person representing an authority or territory seeking the extradition of a defendant; and

(c)

‘defendant’ means a person arrested under Part 1 or Part 2 of the Extradition Act 2003.

[Note. The Extradition Act 2003 provides for the extradition of a person accused or convicted of a crime to the territory within which that person is accused, was convicted or is to serve a sentence.

Under Part 1 of the Act (sections 1 to 68), the magistrates’ court may give effect to a warrant for arrest issued by an authority in a territory designated for the purposes of that Part.

Under Part 2 of the Act (sections 69 to 141), the magistrates’ court and the Secretary of State may give effect to a request for extradition made under a treaty between the United Kingdom and the requesting territory.

Under sections 67 and 139 of the Extradition Act 2003^f2, a District Judge (Magistrates’ Courts) must be designated for the purposes of the Act to exercise the powers to which Section 2 of this Part applies.

There are rights of appeal to the High Court from decisions of the magistrates’ court and of the Secretary of State: see Section 3 of this Part.]

Annotations

Commencement

I1: Rule 50.1 in force at 6.10.2025, see Preamble

Footnotes

f1: 2003 c. 41.
f2: 2003 c. 41; sections 67 and 139 were amended by section 15 of, and paragraphs 352 and 353 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4) and section 42 of, and paragraph 15 of Schedule 13 to, the Police and Justice Act 2006 (c. 48).